​​​​​​CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEBSITE. 

​​​​​All of these terms and conditions constitute an agreement (this “Agreement”) between You (“You”) and Votorantim Cement North America Inc., and its related subsidiaries, divisions and affiliates (collectively, the “Company”). “You” means you as a user of this website, whether on your own behalf or on behalf of a customer or applicant, and includes the Customer and Applicant. “We” and “Us” means both You and the Company.

You hereby consent to the exchange of information and documents between Us electronically over the Internet, and that this Agreement and any other terms and conditions on this website shall be the equivalent of a written paper agreement between Us.

1. Ownership And Copyright. You acknowledge and agree that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.
2. Online Payment and Other Services. You acknowledge and agree that Your use of any services available on this web site (“Services”) including online payment services (“Payment Services”) is subject to the provisions of this Agreement.
3. Permitted Use. The Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one (1) copy of the Content.
4. Restrictions On Use. You agree that You will not:
1. distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content.

1. Payment Services. As the user of the Payment Services, You must provide information regarding Your bank account, credit card or debit card (“Designated Account”). Each time You use the Payment Services to pay Your account with the Company, You will be authorizing the Company to charge Your Designated Account in accordance with Your instructions. You agree that You will not share Your Payment Services password with anyone. You represent and warrant that any information You provide to the Company is accurate and complete, and You are legally authorized to make payments to the Company using Your Designated Account. You acknowledge and agree that Your Designated Account may be charged a fee by Your financial institution for each transaction successfully completed. When You use the Payment Services to send the Company a payment instruction, You authorize the Company to initiate a message to Your financial institution to charge Your Designated Account and to send those funds to the Company for payment of Your account with the Company. If payment is received by the Company after the due date, regardless of any cause except for the Company's failure to use reasonable commercial efforts to process Your explicit payment instructions actually received by the Company, then You remain responsible for failure to pay Your account by the due date. The Company is not liable and You are responsible if the Payment Services are unable to complete any of Your payments because (i) the Designated Account has insufficient funds to complete the payment (ii) a legal order directs the Company or Your financial institution to prohibit withdrawals from the Designated Account (iii) the Designated Account is closed, frozen or otherwise unavailable (iv) You have submitted to the Company any incorrect or incomplete instructions or information in connection with the Payment Services or (v) circumstances beyond the Company's control (such as, but unlimited to, fire, flood, unavailability of the Internet, or interference from an outside force) prevent or delay the proper execution of the payment. If the Payment Services cause an incorrect amount of funds to be charged to Your Designated Account due to the fault of the Company, the Company shall return the improperly charged funds to You if You notify the Company in writing within one hundred and twenty (120) days of the issuance date of Your financial institution statement that shows the incorrect amount (subject to set-off by the Company of any amounts then due by You to the Company). The Company shall not be liable to You for any amount in excess of such amount and in any event shall not be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequencial damages. The Company shall not be required to independently verify any instructions or information received from You. Any instructions or information entered on this website using Your password shall be deemed to be instructions and information received from and authorized by You. You acknowledge and agree that entering any instructions or information with the Company through this website does not guarantee the execution of such instructions or information on a timely basis or otherwise. The Company shall not be deemed to have received any instructions or information from You until the Company confirms in writing receipt of such instructions or information.
2. License To Use Your Information. With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that You have the right to grant the license set out above.
3. Links.This web site and its Content are not to be construed as a form of promotion. This web site may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.
4. Limitations and Exclusions on Liability and Disclaimers.

   ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT YOUR PERSONAL AND OTHER INFORMATION AND TRANSACTIONS PROVIDED BY YOU ON OR THROUGH THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR SERVICES OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL OR OTHER INFORMATION.

   EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED STRICTLY ON AN “AS IS”/"AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

   EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, CONSEQUENTIAL OR OTHER DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES; DATA CORRUPTION; FAILED MESSAGES; TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS OR FINANCIAL SERVICES PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE, THE SERVICES OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY (SUCH AS, BUT NOT LIMITED TO, FIRE, FLOOD, AVAILABILITY OF THE INTERNET, OR INTERFERENCE FROM AN OUTSIDE FORCE), EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

   THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE AND SERVICES MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

   The restrictions, disclaimers, exclusions and other provisions set out in this Agreement shall not apply to any extent the restrictions are prohibited by applicable law.

1. Termination. The Company may terminate Your access to the web site or the Services, with or without cause, in the Company's sole and unfettered discretion and without liability.
2. Indemnity You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company, directly or indirectly, arising out of:
1. any instructions or information You provide on or through this web site or which is sent to the Company by e-mail or other correspondence;
2. Your use or misuse of the Content, Services or this web site, including without limitation infringement claims;
3. any breach of this Agreement by You;
4. any unauthorized or improper use of the Payment Services by or through You; and
5. Your provision to the Company of any incorrect instructions or information in connection with the Payment Services or otherwise through this web site.

1. Governing Law. This web site and its Content are intended to be read by Canadian and United States of America residents only. This Agreement will be governed by the laws of the Province of Ontario, and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the Ontario courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.
2. Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
3. Entire Agreement. This Agreement and any and all legal notices, and terms and conditions on this web site, constitute the entire agreement between You and the Company with respect to the use of this web site, the Services and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
4. Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
5. Enurement. This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and assigns provided that You shall not assign this Agreement unless You have the prior written consent of the Company. The Company may assign this Agreement at any time. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
6. Changes to Terms and Conditions. The Company reserves the right, at any time, to modify these Terms and Conditions, and You agree to be bound by such modifications. The modifications shall be effective immediately upon notice to You, which may be given by any means including, but not limited to, posting them on this website.
7. Language We hereby confirm our express agreement that this Agreement and all documents directly or indirectly related thereto be drawn up in English. LES PARTIES RECONNAISSENT LEUR VOLANTE EXPRESSE QUE LA PRESENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS QUI S'Y RATTACHENT DIRECTEMENT OU INDIRECTEMENT SOIENT REDIGES EN LANGUE ANGLAISE.

® Votorantim Cement North America Inc., 2014, Toronto, Ontario, Canada